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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of force or deadly force in defense of a person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.31, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) For purposes of Subsection (a)(3), a finder of fact may |
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not consider the defense provided by Section 8.02 in determining |
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whether the actor was engaged in criminal activity at the time the |
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force was used. |
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SECTION 2. Section 9.32, Penal Code, is amended by adding |
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Subsection (e) to read as follows: |
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(e) For purposes of Subsection (b)(3), a finder of fact may |
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not consider the defense provided by Section 8.02 in determining |
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whether the actor was engaged in criminal activity at the time the |
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deadly force was used. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2021. |